Court Revives Sex, Race Suit Against Housing Authority

An appeals court has revived a woman's sex and race discrimination suit against the Orlando Housing Authority, five months after a judge dismissed it because her lawyer was late for court.

The 11h U.S. Circuit Court of Appeals in Atlanta overturned the ruling by a visiting federal judge in Orlando, saying it was too severe a penalty for a tardy lawyer.

The attorney, Scott Sterling of Orlando, said Wednesday he was relieved by the new decision and pleased for his client, Athene Long of Orlando.

''It was a silly thing that happened, but the consequences were serious,'' he said.

The authority governs 14 housing projects for low-income and elderly people. Long, assistant manager of the Orange Villa housing project on North Bumby Avenue, sued in February 1985, contending she was underpaid and passed over for promotions because she is a woman and black.

A 25-year employee, she is seeking back pay, punitive damages and legal fees.

According to court documents:

Judge John K. Regan was set to hear Long's claims against the city at 9 a.m. March 3, but the woman and her attorney were not at the federal courthouse on Hughey Avenue. City officials were there and ready to present their side.

After waiting about 30 minutes, Regan dismissed Long's suit because her lawyer failed to prosecute the case.

Long said she did not show up because she was confused about her appearance date. Sterling, who arrived about 10:15 a.m., said he was late because he was arguing a divorce case in state circuit court.

He said he would have sent another attorney in his place, but everyone in his office was busy.

When he learned of Regan's decision, he said, ''My heart sank. It was just a terrible, terrible feeling.''

Long previously filed a complaint with the Orlando Human Relations Department, a branch of the federal Equal Opportunity Commission. The department ruled in Long's favor in 1984 and recommended the city and Long negotiate a settlement.

No agreement could be reached, prompting the suit, Sterling said.

Ray McDaniell, executive director of the authority, would not comment. Authority attorney Richard Bates said he intends to fight Long's allegations.